Legal Question in Credit and Debt Law in Maryland

Past due joint account, after seperation agreement

I've been divorced for 5 years and part of the notorized seperation agreement between my spouse and I, stated that two credit card payments were to be the responsibility of my ex-spouse. The Credit Card companies said they would not remove my name from the account so long as there is a balance. The accounts are closed but have a remaining balance. She has not been paying on the debt the last 4 months and the Credit card companies are reporting delinquent notices to the Credit Burial under my name. What can i do to stop the Credit card companies from these bad credit reports under my name and how can i clear the last 4 months of bad postings on my Credit Reports. Also would you advise going to court if i live in Maryland and she is in Pensilvania?


Asked on 1/23/03, 6:12 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Past due joint account, after seperation agreement

There are several things you may do. One is to work with the credit reporting agencies to show that you were not

legally responsible to pay the amounts now delinquent. In doing so, you should request that the credit reporting agency remove the negative entry upon your report.

Two, you may want to avoid all this by paying off or bringing current the subject accounts. Then you may want to sue your spouse for recovery or contribution. Your

separation agreement will be instrumental in this regard. Your problem is going to be getting personal jusrisdiction over your ex-spouse. Also, once you get a judgment you may encounter problems with

effecting the judgment. A foreign judgment process may then be needed to set up a garnishment order in another state.

Hope this helps. If you need assistance from an attorney, give me a call.

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Answered on 1/24/03, 10:26 am
Michael Worsham Michael C. Worsham, Esq.

Re: Past due joint account, after seperation agreement

I am not sure what you mean by Credit Burial, but unless there is something private you need to protect, you should send a copy of the agreement to the credit card companies, and to the three main credit reporting agencies, by certified mail, and request that your name be removed from the account, including the last few months of reports. The credit reporting agencies (Experian, Equifax and Trans Union) may send you one of their own forms to fill out to dispute your name on the account, which you should do.

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Answered on 1/23/03, 6:28 pm


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